Is Disabled Tenant Entitled to Accommodation to Curb Violent Outbursts?

September 25, 2023    

Landlord sued to evict tenant for creating a nuisance. The parties signed a probationary stipulation in court by which tenant agreed to refrain from loud and violent arguments in the building. The stipulation...

Downstairs Tenant Acted Intentionally and Unreasonably Against Upstairs Neighbor

September 25, 2023    

A cooperative shareholder tenant sued neighbor tenant in 2017 for creating a nuisance and later added a claim for trespass. In 2019, the court ruled for the plaintiff tenant in part, finding liability by the other...

ERAP Statute Requires Hearing on Nuisance Claim After Landlord Accepts Funds

August 29, 2023    

Landlord sued to evict tenant, claiming tenant created a nuisance. The court ruled for landlord and granted possession. Landlord accepted ERAP funds to cover tenant's back rent after the judgment of possession...

Notice to Cure Served on Tenant with Hoarding Disability Must Be More Specific

August 29, 2023    

Landlord, a supportive housing provider, sued to evict rent-stabilized Section 8 tenant based on clutter and unsanitary apartment conditions that landlord claimed violated substantial obligations of the tenancy....

Court Issues Ruling Finding Tenant Nuisance Despite Tenant's Failure to Appear

August 28, 2023    

Landlord sued to evict rent-stabilized tenant for breaching his lease by making excessive noise. Tenant failed to appear on the first court date, and the court scheduled an inquest. Before the inquest date, landlord...

Landlord Properly Responded to Tenant's Claim of Nuisance by Neighbor

July 26, 2023    

A publicly subsidized tenant sued landlord for breach of her lease, claiming that landlord failed to abate a nuisance caused by an upstairs neighbor who made excessive noise. The court ruled against tenant, finding...

Appeals Court Vacates Eviction Stay Granted After Landlord Proved Tenant's Objectionable Conduct

May 23, 2023    

Landlord sued to evict Section 8 tenant for objectionable conduct affecting the health or safety of other tenants and persons. At trial, landlord showed that over several years, tenant exposed himself and screamed...

No ERAP Stay Applies in Eviction Proceeding Based on Tenant Nuisance

March 27, 2023    

Landlord terminated tenant's tenancy in May 2022 based on claimed illegal, objectionable, and nuisance conduct due to trading or selling drugs and stolen goods, permitting people access to the building for such...

Co-op Board Can Terminate Shareholder Tenancy Based on Objectionable Conduct

February 23, 2023    

Shareholder tenant sued landlord cooperative corporation and asked the court to set aside and declare void and unenforceable notices of termination of her proprietary lease that were issued by landlord in 2021 as...

Nuisance Claim Dismissed for Lack of Proof Against Tenant

October 25, 2022    

Landlord sued to evict tenant for creating or permitting a nuisance in her apartment. At trial, landlord's managing agent testified that small groups of people assumed to be tenant's guests smoked, drank,...

Landlord's Termination Notice on Unregulated Tenant Didn't Comply with RPL Section 226-c

August 24, 2022    

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, who represented the tenant.)


Landlord Gets Interim Order Against Tenant to Clear Collyer Conditions

June 14, 2022    

Landlord sued to eject rent-stabilized tenant based on claimed "Collyer" conditions in tenant's apartment. While the case was pending, landlord brought an order to show cause asking the court to order...